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20 © 2016 Winston & Strawn LLP
Chicago Teams Win Significant Policy Changes Protecting Families
Subject to Illinois Abuse and Neglect Policies
Working closely with the Family Defense Center, a Chicago-based public interest
organization, three Winston teams
aggressively attacked policies and practices
of the Illinois Department of Children and Family Services
(DCFS) that negatively
impacted families improperly accused of abuse or neglect. The teams negotiated
case resolutions that made significant improvements to Illinois law and generated
substantial financial settlements for the families involved.
Mother Who Allowed Her Children To Play
Alone on Playground
A Chicago team, led by partner
Kathleen Barry
and former associate Bonnie Keane, successfully
convinced an Illinois appellate court to remove a
finding of neglect against our client by DCFS. Our
client is a single mother of three children who was
cited for neglect when a passerby reported that
her children were playing alone on a playground
located immediately adjacent to her apartment.
Our client was home at the time and checked
on the children (ages 11, 9 and 5) approximately
every 10 minutes. The children played alone for
approximately 40 minutes and had suffered no
harm, but DCFS cited our client for inadequate
supervision and neglect. DCFS’s neglect finding
prevailed at an administrative hearing and at
review by a Cook County Circuit Court. The team
appealed, attacking the inadequate supervision
category as not defined or within the scope of
the statute, and arguing that Illinois law does not
provide that neglect occurs when a parent has
been engaged in “inadequate supervision.” Rather
than defend its position before the court, DCFS did
not file an opposition brief and the court expunged
the indicated finding.
Kathleen Barry
Client looks out at playground